Confused – ESA whilst awaiting tribunal

YellowStar

I’ve noticed that the lovely benefits experts on this forum seem to quite often quote

“If the appeal is accepted by the Tribunal Service then you can request ESA payments to be resumed when your appeal has been logged by the DWP”

Could somebody please point me in the direction of where I can find this documented officially as I am getting conflicting advice.


Thanks

KxMx

https://www.turn2us.org.uk/Benefit-guides/Challenging-an-Employment-and-Support-Allowance-de/Appeal-against-the-decision#guide-content

http://www.cpag.org.uk/content/ask-cpag-online-can-you-get-esa-while-you-are-challenging-decision

There are some more complicated criteria if it's not your first appeal, but generally the advice is correct.

You also have to supply Fit Notes to receive the ESA payments.

Alice_Holt

Also CPAG Disability Rights Handbook (if your library stocks it).
ESA regulations, regs 5(4) & 147A; ESA Regs 2013, regs 6(5) & 87.

The DWP sometimes get this wrong, so you may need to quote the regs and ask for a decision by a Decision maker.

epitome

It may be easier if you tell us what has happened for you to be appealing.

In general

FTRQ = Not paid on appeal (easily fixed, just return the questionaire)

FTA WCA = Not paid on appeal (make a new claim)

Attended WCA but failed = Sometimes paid on appeal *see below


*If you have never been assessed before for ESA = You will be paid on appeal.

*If you have been assessed before and you were, immediately prior to the decision, in WRAG or SG and have been assessed again and this time failed = You will be paid on appeal.

*If you have been assessed before and failed, and you have made a new claim and now have failed again = You will not be paid on appeal. (but you can possibly still appeal the previous fail and be paid on appeal -as long as you do it within 13 months-, it would depend on the circs of that previous fail in regard to the above rules)

ESA IR claims (on appeal) are subject to income etc being deducted
ESA Conts claims (on appeal) are subject to being allowed up to 1 year on assessment/appeal rate (but you can ask for new tax years to be considered to get another 1 year)

And if you qualify for payment on appeal you will need a sicknote continuously.

YellowStar

Thank you for all the above replies very helpful.